Around The Capitol

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THE Nooner for October 7, 2017


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  • CA50 (E. San Diego): added businessman Shamrose "Shamus" Sayed (R)

Well, hello there. Happy Saturday! What a perfect fall Saturday for football. UC Davis Law is hosting a tailgate at the Aggies vs. Eastern Washington game today, which should be fun. GO AGS!

SPORTS PAGE: In other sporting news, the Trojans face the Beavers (1 p.m.-- stop giggling, children), Washington State seeks to remain ranked as they face Oregon (5:00), and struggling Stanford (7:15) and Cal (7:45) both faced ranked opponents--Utah and Washington respectively. 

AD51 (East LA): We got the first update in the AD51 count yesterday. The next, and likely final count will be posted Tuesday at 1 p.m. With the results reported today, there are only 885 unprocessed provisional and 410 vote-by-mail ballots remaining.

In the race for #2 spot for Luis López over Mike Fong from 431 to 571 votes. Carrillo expanded her lead over second-place López, but frankly its irrelevent at this point. It's a whole new campaign as voters that supported unsuccessful candidates choose who to support in the runoff. It's anybody's game. 

Senate President Pro Tem Kevin de León endorsed Carrillo, as has Congressman Jimmy Gomez

 AD51 first update


LAW AND DISORDER: Yesterday, Attorney General Xavier Becerra filed a lawsuit against the Trump administration arguing that its new orders lifting some of the requirements that employer health care coverage include contraceptive benefits is discriminatory, reports Patrick McGreevy in the Times.

McGreevy writes "Becerra has filed more than two dozen legal actions challenging policy changes by President Trump since the Republican entered the White House in January." Wow.

COLD AS ICE: The Bee's Cristopher Cadelago reports "The Trump administration’s immigration chief warned Friday that his agents will be making more arrests in California neighborhoods and workplaces because Gov. Jerry Brown signed a “sanctuary state” law."

Employers can demand that federal agents have a judicial warrant before entering private property. Otherwise, they are violating the Fourth Amendment's prohibition against unlawful search and seizure.  

THE MIGHTY PEN: The latest gubernatorial action report from our friend Chris Micheli, lobbyist at Aprea and Micheli:

  • SIGNED:  543
  • VETOED:  38
  • TOTAL BILLS:  581
  • Veto rate: 6.5%
  • About 415 bills left to do in the remaining 9 days….

One of the bills the governor signed yesterday is the controversial SB 384 (Wiener), which changes the sex offender registration requirements from lifetime to a tiered system based on the seriousness of the crime. The LAT's Patrick McGreevy writes "The measure was introduced at the request of Los Angeles County Dist. Atty. Jackie Lacey and other law enforcement officials who said the registry, which has grown to more than 105,000 names, is less useful to detectives investigating new sex crimes because it is so bulky."

Other high profile bills signed were:

  • SB 50 (Allen), which provides California the right of first refusal to acquire land that the federal government removes from protection and intends to sell by prohibiting the transfer of title to a private party.
  • SB 284 (Wiener), which changes the crime of failing to knowingly disclose that one has HIV to a sexual partner from a felony to a misdemeanor.

Some of those vetoed were:

  • AB 350 (Salas), which sought to prohibit the marketing of cannibis products to minors by prohibiting them to be in the shape of "person, animal, insect, or fruit." In his veto message, the governor wrote that the bill would "chapter out" provisions included in AB 133, the overall cannibis regulatory framework.

    For the home gamers, "chaptering out" means that a bill is amending a code section in a previously enacted, yet not in force yet, bill. Amendments or additions to code sections are taken by the most recently adopted. Usually these conflicts are identified and handled in the Legislature.

  • AB 725 (Levine) and SB 386 (Glazer), which would have prohibited smoking of a state coastal beach or a state park. The veto messages read "If people can't smoke even on a deserted beach, where can they? There must be some limit to the coercive power of government."

    Of course, the authors' and most supporters intent weren't on the issue of smoke as an irritant to fellow beachgoers, but rather to address the real issue of cigarette and cigar butt waste. However, the bills also would have prohibited the use of e-cigarettes, and pipes. And, yes, we're talking marijuana as well. Had the bills passed, you wouldn't have been able to smoke your ganja out of your Pabst can, even if you recycled it.

    The vetoes do not affect the many local ordinances prohibiting smoking parks or public beaches, so you can still smoke at the beach in Davis.

WITH A LITTLE HELP FROM MY FRIENDS... Senator Kamala Harris continues her strategic travel to key presidential states to offer a helping hand to her colleagues with a visit for a November 3 luncheon for Senator Bill Nelson of Florida, reports Christopher Cadelago in the Bee.

Interesting choice of dates. Three years to the day before the 2020 presidential general election.

Cadelago writes: 

She’s raised nearly $500,000 online for Senate colleagues up for reelection in 2018, with the average donation coming in at $18. Harris also has raised hundreds of thousands for hurricane relief, and signed money raising pitches for MoveOn’s audience of millions, among other progressive groups. 

Clearly, Harris is building favor both within her caucus and the party generally. These things matter. Whether she runs or doesn't, or runs and doesn't get the nomination, she would be a very strong vice presidential candidate. While she doesn't deliver a swing state per se, she brings prosecutorial credentials and is powerful fundraising draw.

Speaking of fundraising, the Register's Martin Wisckol reports that Vice President Mike Pence will be visiting Newport Beach for a joint fundraiser for the RNC and California Victory 2008 to raise money to defend the seven vulnerable GOP members of Congress.

ALIVE: While some House Republicans would prefer to move on to tax reform, the DCCC and other advocacy groups are keeping the health care issue alive to score points against GOP members who voted for repeal and replace. In the Times, Christine Mai-Duc reports on new online and cable ads.  

STONED: Rolling Stone sits down with Jerry Brown to create a great weekend read. "Jerry Brown's California now stands like a parallel universe to Donald Trump's America: a land of tolerance, high immigration, tight gun control and world-beating innovation – combining a soaring economy with plummeting greenhouse-gas emissions."

DEDDEH: California's hobbyist legislative historian Alex Vassar profiles 97-year-old former Assemblymember and Senator Wadie Deddeh for Capitol Weekly.

As the editor's note reads, Vassar, Communications Manager at the California State Library is considered as "unofficial historian of the Legislature." If you don't have his book "California Lawmaker: The Men and Women of the California State Legislature" on your shelf, you can't proudly call yourself a Capitol geek. I love the book.  

#CAKEDAY: Happy birthday to Anna Molander!



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L.A. City Councilman Wants Water Board To Call Off Delta Tunnels Vote
Dakota Smith @
Councilman Paul Koretz introduced a resolution Friday that asks the Metropolitan Water District board to call off a vote on the massive delta tunnels project.

Trolley Workers Fear Hepatitis From Riders Who Use Trains As Bathrooms - The San Diego Union-tribune
Jeff McDonald @
Federal investigators probing campaign spending by Rep. Duncan Hunter, R-Alpine, are looking for evidence of fraud, falsified documents and conspiracy in addition to improper personal spending of political contributions, according to a search warrant affidavit.

Treasurer John Chiang Calls On State Pension Funds To Divest From Retailers Who Sell Guns Banned In California
Patrick McGreevy @
Outraged by the shooting Sunday that killed 58 people in Las Vegas, California Treasurer John Chiang called Friday for state pension of...

The Strange Political Afterlife Of Arnold Schwarzenegger - Politico Magazine
| Alex Fine

Gov. Brown Vetoes Bill Barring Marketing Of Pot Edibles To Children, Saying The Practice Is Already Banned By Law
Patrick McGreevy @
Just months before shops can begin selling marijuana for recreational use, Gov. Jerry Brown on Friday vetoed a measure that aims to pre...

Hillary Clinton Warns Cyberattacks Are A Growing Danger To Democracy - San Francisco Chronicle
Sounding alternately angry and rueful, former Secretary of State Hillary Clinton warned a crowd at Stanford University on Friday night about the growing danger to democracy posed by cyberattacks on the country’s political system.

Sen. Kamala Harris To Donate Harvey Weinstein Contributions To Charity
Sarah D. Wire @
Sen. Kamala Harris will donate the $5,000 in contributions that she received from Hollywood producer Harvey Weinstein to charity.In lig...

Schumer Says He Rebuffed Another Offer From Trump on Health Care

President Trump proposed yet another effort to repeal and replace the Affordable Care Act, but Senator Chuck Schumer later said he had quickly shot down the offer.

Climate Change: California Answers Trump On Greenhouse Gases | The Sacramento Bee
Dale Kasler @
By Dale Kasler

Jerry Brown Vetoes Smoking Ban At California Beaches And State Parks
Jerry Brown, tobacco, smoking, state parks, California beaches, Steve Glazer

California Bullet Train Staff Recommend German Operator - Sfgate
The California High-Speed Rail Authority's board of directors will vote Oct. 19 on whether to approve a $30 million contract with DB Engineering & Consulting USA. It's the U.S. arm of rail giant Deutsche Bahn AG, which is owned by the German government.

Janitors Who Vouched For Ref Rodriguez In School Board Race Are Named In His Money-laundering Case
Howard Blume @
Key individuals who made illegal campaign contributions to school board member Ref Rodriguez also gave testimonials for election mailers supporting his candidacy. The episode raises concerns about possible campaign violations and new conflict-of-interest questions.

San Diego Followed Hepaptitis Guidelines, But Local Conditions Worsened Outbreak - The San Diego Union-tribune
Lauryn Schroeder @

California Will Soon End Lifetime Registration Of Some Sex Offenders Under Bill Signed By Gov. Jerry Brown
Patrick McGreevy @
Share this update

Goal Reached: 1,000 Homeless Veterans Receive Housing - The San Diego Union-tribune
Gary Warth @
Dave Ross, also known as Water Man, purchases bottles of water and drives the streets of San Diego looking for homeless people in need of some water and possibly a hug.

Shifting attitudes among Democrats have big implications for 2020

Whether in reaction to Trump or other forces, Democratic views on questions of race, health care, immigration and the government’s role are changing.

Trump reached out to Schumer to work on 'great HealthCare Bill'
But the Senate Democratic leader said he rebuffed Trump's suggestion of another Obamacare repeal effort.

Sdg&e Wants To Raise Rates 11%, Starting In Two Years - The San Diego Union-tribune
Rob Nikolewski @
San Diego Gas & Electric filed a request with state regulators late Friday afternoon, asking for an 11 percent rate increase in 2019 and running through 2022.

PUC judge recommends $220,000 fine for BART in 2013 deaths
BART should be fined $220,000 and overhaul lax safety rules and practices that contributed to the deaths of two workers on a track near Walnut Creek in 2013, a state hearing officer recommended Friday. “The evidence in this case shows that there may be a serious safety culture problem at BART,” said Kimberly Kim, an administrative law judge for the state Public Utilities Commission. Christopher Sheppard, 58, of Hayward, a BART track engineer, and Lawrence Daniels, 66, of Fair Oaks (Sacramento County), a contract employee, were fatally struck by a train in October 2013 while they were checking on a reported dip in the tracks between the Walnut Creek and Pleasant Hill stations.

Prosecution Of Oakland Police Sex Exploitation Scandal Sees Little Success - San Francisco Chronicle
In the year since Alameda County District Attorney Nancy O’Malley filed criminal charges against six East Bay law enforcement officers for what she called their “morally reprehensible” actions in Oakland’s sexual misconduct scandal, the most severe punishment handed down has been a $390 fine and three years of court probation.